Dental Disciplines Act, D-4.1

1 DENTAL DISCIPLINES c D-4.1 The Dental Disciplines Act being Chapter D‑4.1 of the Statutes of Saskatchewan, 1997 (consult Table of Saskatchewan Statutes for effective dates. Last proclamation date December 1, 2000) as amended by the Statutes of Saskatchewan, 2001, c 8; 2002, c R‑8.2; 2009, c T‑23.01; 2010, c B‑12, c 19 and c 20; 2013, c S‑15.1; 2014, c E‑13.1, c S‑32.21 and c 17, 2017, c P‑30.3; 2018, c C‑2.111 and c 42; 2019, c 25; 2020, c 9; 2021, c 6 and c 19; 2023, c 6; and 2024, c 4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c D-4.1 DENTAL DISCIPLINES Table of Contents SHORT TITLE AND INTERPRETATION 28 Professional conduct committee 1 Short title 29 Investigation 2 Interpretation 30 Investigative powers ASSOCIATIONS 31 Suspension pending outcome of investigation 3 Associations continued 32 Discipline committee 3.1 Duty and objects of the association 33 Discipline hearing 4 Associations autonomous 34 Disciplinary powers 5 Membership 35 Criminal conviction 6 Property 36 Criminal conduct 7 Meetings 37 Repealed 38 Review by court COUNCIL 39 Effect of appeal 8 Council 40 Court of Appeal 9 Public appointees 41 Reinstatement 10 Resignation 11 Vacancy GENERAL 12 Officers and employees 42 Exemption 13 Committees 43 Immunity 44 Offence and penalty BYLAWS 45 Limitation of prosecution 14 Procedures 46 Report of termination of employment 15 Bylaws 47 Review by Legislative Assembly 16 Filing of bylaws 48 Record of revocation and notification 17 Ministerial bylaws 49 Annual register MEMBERSHIP AND REGISTRATION 50 Annual report 18 Membership 51 Compliance 19 Register 52 Service of notices, etc. 20 Registration REPEAL, TRANSITIONAL AND COMING INTO FORCE 21 Delegation and appeal 53 SS 1978 (Supp.), c D‑5.1, repealed PROHIBITIONS 54 RSS 1978, c D‑6, repealed 22 Protection of titles 55 RSS 1978, c D‑7, repealed 23 Authorized practices 56 S.S. 1980‑81, c D‑6.1, repealed 24 Prohibitions 57 Transitional – College of Dental Surgeons of 25 Limitations on certain authorized practices Saskatchewan DISCIPLINE 58 Transitional – Dental Technicians Association 25.1 Interpretation re discipline provisions of Saskatchewan 25.2 Proceedings against former members 59 Transitional – Denturists Society of Saskatchewan 25.3 Examination to assess whether curtailment of 60 Transitional – Saskatchewan Dental practice should be ordered Assistants Association 26 Professional incompetence 61 Transitional – Saskatchewan Dental Hygienists’ Association 27 Professional misconduct 62 Transitional – Saskatchewan Dental Therapists Association 3 DENTAL DISCIPLINES c D-4.1 CHAPTER D-4.1 An Act respecting the Regulation of Dental Disciplines SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Dental Disciplines Act. Interpretation 2 In this Act: (a) “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1) and, in the case of the College of Dental Surgeons of Saskatchewan, includes a bylaw made pursuant to clause 15(3)(a); (b) “association” means one of the associations, colleges or societies continued pursuant to section 3, as the case may be; (c) “authorized practice” means the practices set out in section 23 for members of each of the associations; (d) “bylaws” means the valid and subsisting bylaws of an association; (e) “council” means the council of an association; (f) “councillor” means a person who is a member of a council; (g) “court” means the Court of King’s Bench; (h) “dental assistant” means a person who is registered as a member of the Saskatchewan Dental Assistants Association; (i) “dental hygienist” means a person who is registered as a member of the Saskatchewan Dental Hygienists’ Association; (j) “dental technician”means a person who is registered as a member of the Dental Technicians Association of Saskatchewan; (k) “dental therapist” means a person who is registered as a member of the Saskatchewan Dental Therapists Association; (l) “dentist” means a person who is registered as a member of the College of Dental Surgeons of Saskatchewan; (m) “denturist” means a person who is registered as a member of the Denturist Society of Saskatchewan; (n) “member” means a member of an association who is in good standing; (o) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; 4 c D-4.1 DENTAL DISCIPLINES (p) “practising member” means a member to whom a current licence to practise has been issued pursuant to section 20; (q) “record” includes any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media; (r) “register” means the register kept by an association pursuant to section 19; (s) “registrar” means the person appointed by an association pursuant to section 12; (t) “regulatory bylaw” means a bylaw made for a purpose set out in subsection 15(2) or by the minister pursuant to section 17 and, in the case of the College of Dental Surgeons of Saskatchewan, includes a bylaw made pursuant to clause 15(3)(b). 1997, c D‑4.1, s 2; 2023, c 6, s 3‑2; 2024, c 4, s 32. ASSOCIATIONS Associations continued 3(1) The College of Dental Surgeons of Saskatchewan, continued pursuant to The Dental Profession Act, 1978, is continued as a corporation. (2) The Dental Technicians Association of Saskatchewan, continued pursuant to The Dental Technicians Act, is continued as a corporation. (3) The Denturist Society of Saskatchewan, continued pursuant to The Denturists Act, is continued as a corporation. (4) The Saskatchewan Dental Assistants Association, a corporation continued pursuant to The Non-profit Corporations Act, 1995, is continued as a corporation. (5) The Saskatchewan Dental Hygienists’ Association, a corporation continued pursuant to The Non-profit Corporations Act, 1995, is continued as a corporation. (6) The Saskatchewan Dental Therapists Association, established pursuant to The Dental Therapists Act, is continued as a corporation. 1997, c D‑4.1, s 3. Duty and objects of the association 3.1(1) It is the duty of each of the associations mentioned in section 3 at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. (2) The objects of each association are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. 5 DENTAL DISCIPLINES c D-4.1 (3) In furtherance of its duty and objects, each association may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that each association determines is consistent with its duty and objects. 2023, c 6, s 3‑3. Associations autonomous 4(1) Each association mentioned in section 3 is an autonomous entity. (2) The provisions of this Act are to be interpreted recognizing the autonomous nature of each association. (3) The provisions of this Act are not to be interpreted in a manner that will allow any association to have precedence over another association or to in any way affect the functioning of other associations. 1997, c D‑4.1, s 4. Membership 5(1) The membership of the College of Dental Surgeons of Saskatchewan consists of: (a) those persons who are members of the College of Dental Surgeons of Saskatchewan on the day before this subsection comes into force; and (b) those persons who are admitted as members of the College of Dental Surgeons of Saskatchewan pursuant to this Act and the bylaws. (2) The membership of the Dental Technicians Association of Saskatchewan consists of: (a) those persons who are members of the Dental Technicians Association of Saskatchewan on the day before this subsection comes into force; and (b) those persons who are admitted as members of the Dental Technicians Association of Saskatchewan pursuant to this Act and the bylaws. (3) The membership of the Denturist Society of Saskatchewan consists of: (a) those persons who are members of the Denturist Society of Saskatchewan on the day before this subsection comes into force; and (b) those persons who are admitted as members of the Denturist Society of Saskatchewan pursuant to this Act and the bylaws. 6 c D-4.1 DENTAL DISCIPLINES (4) The membership of the Saskatchewan Dental Assistants Association consists of: (a) those persons who are members of the Saskatchewan Dental Assistants Association on the day before this subsection comes into force; and (b) those persons who are admitted as members of the Saskatchewan Dental Assistants Association pursuant to this Act and the bylaws. (5) The membership of the Saskatchewan Dental Hygienists’ Association consists of: (a) those persons who are members of the Saskatchewan Dental Hygienists’ Association on the day before this subsection comes into force; and (b) those persons who are admitted as members of the Saskatchewan Dental Hygienists’ Association pursuant to this Act and the bylaws. (6) The membership of the Saskatchewan Dental Therapists Association consists of: (a) those persons who are members of the Saskatchewan Dental Therapists Association on the day before this subsection comes into force; and (b) those persons who are admitted as members of the Saskatchewan Dental Therapists Association pursuant to this Act and the bylaws. 1997, c D‑4.1, s 5. Property 6(1) An association may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the association that assessed the fee, fine or penalty or, in the case of penalties pursuant to section 44, the association that prosecuted the offence. (3) An association may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009; and (b) sell or otherwise dispose of those investments and reinvest the proceeds in similar investments. 1997, c D‑4.1, s 6; 2009, c T‑23.01, s 64. Meetings 7(1) An annual meeting for each association is to be held at the time and place that is determined by its council in accordance with its bylaws. (2) A special meeting of an association for the transaction of the business that is specified in the resolution or request is to be held: (a) on resolution of the council; or (b) on the request, in writing, of the number of members specified in the bylaws. 7 DENTAL DISCIPLINES c D-4.1 (3) The procedure at an annual or special meeting is to be determined by the bylaws. (4) Notice of the time, place and purpose of an annual or special meeting is to be given to the members in the manner prescribed by the bylaws. (5) Notwithstanding subsection (4), the council shall give notice of a special meeting within 60 days after the request or resolution for a special meeting. 1997, c D‑4.1, s 7. COUNCIL Council 8(1) The council of each association shall govern, manage and regulate the affairs and business of its association. (2) Each council consists of: (a) the number of councillors elected or appointed in accordance with the association’s bylaws; and (b) the persons appointed pursuant to section 9. (3) Councillors elected or appointed pursuant to clause (2)(a) are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. (4) Each councillor elected or appointed pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 3‑5. Public appointees 9(1) The Lieutenant Governor in Council may appoint three persons who reside in Saskatchewan as councillors for each association. (2) Where the Lieutenant Governor in Council appoints a person as a councillor, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a councillor appointed pursuant to this section holds office until that person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A councillor appointed pursuant to this section ceases to hold office if that person ceases to be a resident of Saskatchewan. (5) A councillor appointed pursuant to this section may exercise rights and serve on committees of the association to the same extent as other councillors. (6) In each association, at least one councillor appointed pursuant to this section shall serve on the discipline committee. 8 c D-4.1 DENTAL DISCIPLINES (7) The absence or inability to serve on the discipline committee by a councillor appointed pursuant to this section or the failure to appoint a councillor pursuant to this section does not impair the ability of a discipline committee to act. (8) The minister shall remunerate and reimburse for expenses the councillors appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 1997, c D‑4.1, s 9. Resignation 10(1) A councillor elected or appointed pursuant to clause 8(2)(a) may resign by giving a written notice of resignation to the council. (2) A councillor appointed pursuant to section 9 may resign by giving a written notice of resignation to the minister and the council. (3) The resignation of a councillor is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a councillor elected or appointed pursuant to clause 8(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a councillor appointed pursuant to section 9, on the date the written notice is received by the minister. 2023, c 6, s 3‑5. Vacancy 11(1) When the office of a person elected or appointed as a councillor pursuant to clause 8(2)(a) becomes vacant, the remaining councillors may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a councillor; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining councillors to act. (3) If the licence of a member serving as a councillor is suspended, the member’s powers and duties as a councillor are suspended for the same period. (4) If a member serving as a councillor is expelled from the association, the member ceases to be a councillor on the day the member is expelled. 2023, c 6, s 3‑5. Officers and employees 12(1) The officers of an association are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. 9 DENTAL DISCIPLINES c D-4.1 (2) The council of each association shall appoint a registrar. (3) A council may engage any employees that it considers necessary to carry out the duties and functions of the association. (4) Subject to this Act and the bylaws, a council shall determine the duties, responsibilities and remuneration of its officers and employees. 1997, c D‑4.1, s 12. Committees 13(1) A council may establish any committees that are provided for by its bylaws or that it considers necessary. (2) Each council shall appoint persons to any committees that are provided for by this Act or by its bylaws or that it has established pursuant to subsection (1). (3) A council, on any terms or conditions that it may determine, may delegate any of its powers or duties to a committee provided for by this Act, its bylaws or established pursuant to this section. (4) A council shall not delegate the power to make bylaws. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 1997, c D‑4.1, s 13. BYLAWS Procedures 14(1) Each council may make bylaws for any purpose set out in section 15. (2) The registrar shall notify each member of each bylaw made by the member’s association pursuant to subsection (1) within 60 days after the bylaw is made. (3) Failure to comply with subsection (2) does not invalidate a bylaw. (4) Subject to subsection (5), an administrative bylaw comes into force on the date specified in the bylaw, which date shall not be earlier than the date on which the bylaw is passed by the council. (5) If an administrative bylaw does not specify the date on which it comes into force, the bylaw comes into force on the date on which it is passed by the council. (6) No regulatory bylaw made by the council comes into force until it is: (a) approved by the minister pursuant to section 16; and (b) published in the Gazette. 2023, c 6, s 3‑6. 10 c D-4.1 DENTAL DISCIPLINES Bylaws 15(1) Subject to this Act, administrative bylaws may be made by each council for that association’s members pursuant to section 14 for the following purposes: (a) prescribing the seal of the association; (b) providing for the execution of documents by the association; (c) respecting the banking and financial dealings of the association; (d) fixing the fiscal year of the association and providing for the audit of the accounts and transactions of the association; (e) respecting the management of the property of the association; (f) prescribing the number and terms of office of councillors, other than persons appointed pursuant to section 9; (g) prescribing the officers of the association and governing the procedure for the appointment or election of those officers; (h) prescribing the duties of councillors, and officers and employees of the association; (i) governing the procedures for the election or appointment of councillors, other than persons appointed pursuant to section 9; (j) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; (k) respecting the holding and procedures of meetings of the council and annual and special meetings of the association; (l) prescribing the amount of registration, licensing and other fees payable to the association, the times of payment and penalties for late payment; (m) providing for the receipt, management and investment of contributions, donations or bequests; (n) regulating joint participation by the association with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the association; (o) establishing any committees that the council considers necessary, determining the duties of committees, establishing procedures for the operation of committees and prescribing the manner of election or appointment of committee members; (p) prescribing the remuneration and reimbursement for expenses for councillors and committees members, other than persons appointed pursuant to section 9; (q) prescribing any other thing that is necessary for the effective administration of the association. 11 DENTAL DISCIPLINES c D-4.1 (2) Subject to this Act, regulatory bylaws may be made by each council for that association’s members pursuant to section 14 for the following purposes: (a) prescribing the qualifications, standards and tests of competency for: (i) the registration of persons or any category of persons as members; (ii) the issuing of licences; (b) prescribing: (i) the procedures governing registration of persons or any category of persons as members; (ii) the procedures governing the issuing of licences; (iii) the terms and conditions of licences; (c) setting standards of professional conduct, competency and proficiency of its members; (d) providing for a code of ethics for its members; (e) setting standards regarding the manner and method of practice of its members, including the supervision or direction of staff; (f) prescribing procedures for: (i) the review, investigation and disposition of complaints by the professional conduct committee or the mediation of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (ii) hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (iii) reviews pursuant to subsection 21(4); (f.1) respecting the establishment of panels of the professional conduct committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels; (g) establishing categories of membership and licences and prescribing the rights and privileges of each category; (h) prescribing the circumstances under which its members are required to attend re‑entry education programs and courses and approving programs and courses for that purpose; (i) governing the approval of education programs for the purposes of registration pursuant to this Act and prescribing terms and conditions for initial or continued approval of those programs; (j) establishing programs for the assessment of the competency of its members; (k) setting standards for continuing education and the participation of its members in continuing education; (l) governing the reinstatement of a member who has been expelled; (m) setting requirements for maintenance of membership; 12 c D-4.1 DENTAL DISCIPLINES (n) defining activities that constitute a conflict of interest and prohibiting the participation of members in those activities; (o) regulating advertising by its members; (p) prescribing the number of its members required to request a special meeting of the association; (q) prescribing the minimum amount of liability protection that its members are required to obtain or providing for a scheme of insurance to indemnify its members for professional liability and respecting the payment or remittance of premiums in connection with it; (r) prescribing the form, content and maintenance of the register and the information to be provided by its members for the purposes of the register; (s) respecting the reporting and publication of decisions and reports of the council and committees; (t) respecting the types of notices that may be served electronically and the manner of service of those notices; (u) respecting the delegation of an authorized practice and any restrictions or conditions on any delegation; (v) prescribing any requirements or orders that must be met prior to performance of an authorized practice by each one of its members; (w) prescribing any other matters considered necessary for the better carrying out of this Act. (3) Subject to this Act, the council of the College of Dental Surgeons of Saskatchewan may make: (a) administrative bylaws permitting the College of Dental Surgeons of Saskatchewan to establish dental services plans to be operated by the College of Dental Surgeons of Saskatchewan directly or through a non-profit corporation controlled by it for the purposes of providing dental services in conjunction with: (i) the Government of Canada or any of its agencies; (ii) any provincial government or any of its agencies; (iii) any municipal government; (iv) any board of education or the conseil scolaire; or (v) any other corporation; and (b) regulatory bylaws: (i) defining specialist categories of dentistry; (ii) prescribing the qualifications, standards and tests of competency required for each specialty. (4) The Saskatchewan Insurance Act does not apply to the operator of a dental service plan established pursuant to subsection (3). 1997, c D‑4.1, s 15; 2019, c 25, s 9; 2023, c 6, s 3‑7. 13 DENTAL DISCIPLINES c D-4.1 Filing of bylaws 16(1) Each association shall file with the minister two copies, certified by its registrar to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw together with two certified copies of the regulatory bylaw to which the amendment relates. (2) Where the minister does not advise an association in writing within 90 days after receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) Where the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of the regulatory bylaw or amendment. (4) Where an amendment to a regulatory bylaw is filed pursuant to subsection (3), the minister shall file two copies, certified by the registrar to be true copies, of the regulatory bylaw with the amendment. (5) Within 30 days after administrative bylaws or amendments to administrative bylaws are made, the council shall file with the Registrar of Corporations two copies, certified by the registrar to be true copies, of all administrative bylaws and all amendments made to those bylaws. (6) Where an amendment to an administrative bylaw is filed pursuant to subsection (5), the council shall also file two copies, certified by the registrar to be true copies, of the administrative bylaw with the amendment. (7) An administrative bylaw or an amendment to an administrative bylaw that is not filed within the time required by subsection (5) is deemed to be revoked on the expiration of the 30 days mentioned in subsection (5). 1997, c D‑4.1, s 16; 2010, c B‑12, s 27; 2021, c 6, s 23‑26. Ministerial bylaws 17(1) The minister may request a council to amend or revoke a regulatory bylaw or to make a new regulatory bylaw if the minister is satisfied that it is necessary or advisable to do so. (2) Where the minister makes a request pursuant to subsection (1), the council shall be provided with the reasons for the amendment and, if appropriate, a draft of the amendment. (3) If the council does not comply with a request pursuant to subsection (1) within 90 days after the date of the request, the minister may amend or revoke the existing regulatory bylaw or make the new regulatory bylaw in accordance with that request. (4) A regulatory bylaw made pursuant to this section or an amendment or a revocation of a regulatory bylaw pursuant to this section comes into force when it is published in the Gazette. 14 c D-4.1 DENTAL DISCIPLINES (5) Where the minister makes, amends or revokes a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies of the regulatory bylaw, amendment or revocation. (6) Where an amendment to or revocation of a regulatory bylaw is filed pursuant to subsection (5), the minister shall file two copies of the regulatory bylaw with the amendment or revocation. 1997, c D‑4.1, s 17; 2010, c B‑12, s 27; 2021, c 6, s 23‑26. MEMBERSHIP AND REGISTRATION Membership 18(1) Each council, in accordance with this Act and its bylaws, may register persons as members of its association. (2) Each council, in accordance with this Act and its bylaws, may issue licences to members of its association. 1997, c D‑4.1, s 18. Register 19(1) In accordance with its bylaws, the council of each association shall keep a register in which the name and address of its members are to be recorded. (2) The register is to be: (a) kept at the head office of the association; and (b) open for inspection by all persons, without fee, during normal office hours of the association. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) A certificate purporting to be signed by the registrar stating that a named person was or was not, on a specified day or during a specified period, a member or a suspended member according to the register or an extract from the register that is certified by the registrar is admissible in evidence as proof, in the absence of evidence to the contrary, of its contents without proof of the registrar’s appointment or signature. 1997, c D‑4.1, s 19; 2020, c 9, s 11. Registration 20(1) A council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; 15 DENTAL DISCIPLINES c D-4.1 (c) has successfully completed: (i) in the case of a person applying for registration as a dentist, an educational program in dentistry recognized by the council of the College of Dental Surgeons of Saskatchewan; (ii) in the case of a person applying for registration as a dental technician, an educational program in dental technology recognized by the council of the Saskatchewan Dental Technicians Association; (iii) in the case of a person applying for registration as a denturist, an educational program in denturism recognized by the council of the Denturist Society of Saskatchewan; (iv) in the case of a person applying for registration as a dental assistant, an educational program in dental assisting recognized by the council of the Saskatchewan Dental Assistants Association; (v) in the case of a person applying for registration as a dental hygienist, an educational program in dental hygiene recognized by the council of the Saskatchewan Dental Hygienists’ Association; or (vi) in the case of a person applying for registration as a dental therapist, an educational program in dental therapy recognized by the council of the Saskatchewan Dental Therapists Association; and (d) has successfully completed any examination requirements prescribed in the bylaws. (1.1) Notwithstanding subsection (1), a council may register as a member, and issue a licence to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) has paid the prescribed fees; (b) has complied with the bylaws with respect to registration as a member; and (c) is registered as: (i) in the case of a person applying for registration as a dentist, the equivalent of a dentist in good standing pursuant to the legislation of another jurisdiction in Canada; (ii) in the case of a person applying for registration as a dental technician, the equivalent of a dental technician in good standing pursuant to the legislation of another jurisdiction in Canada; (iii) in the case of a person applying for registration as a denturist, the equivalent of a denturist in good standing pursuant to the legislation of another jurisdiction in Canada; (iv) in the case of a person applying for registration as a dental assistant, the equivalent of a dental assistant in good standing pursuant to the legislation of another jurisdiction in Canada; 16 c D-4.1 DENTAL DISCIPLINES (v) in the case of a person applying for registration as a dental hygienist, the equivalent of a dental hygienist in good standing pursuant to the legislation of another jurisdiction in Canada; (vi) in the case of a person applying for registration as a dental therapist, the equivalent of a dental therapist in good standing pursuant to the legislation of another jurisdiction in Canada. (2) Notwithstanding that a person does not comply with the requirements of subsection (1), a council may register the person as a member of its association, and issue a restricted licence to practise to a person who produces evidence establishing to the satisfaction of the council that he or she: (a) is eligible, according to its bylaws, to be a member; (b) has paid the prescribed fees; (c) has complied with its bylaws with respect to registration as one of its members; and (d) agrees to practise in accordance with the conditions or restrictions specified on the restricted licence. (3) A person issued a restricted licence shall comply with the bylaws governing members who practise with restricted licences. 1997, c D‑4.1, s 20; 2010, c 19, s 8. Delegation and appeal 21(1) A council may delegate to its registrar the power to: (a) register persons as members of its association; (b) issue licences to its members; or (c) do both of the things mentioned in clauses (a) and (b). (2) Where a power is delegated pursuant to this section, the exercise of that power by the registrar is deemed to be an exercise of the power by the council. (3) A council may impose any terms and conditions that it considers appropriate on a delegation of its powers. (4) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (5) On a review pursuant to subsection (4), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. (6) On a review pursuant to subsection (4), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. (7) A council shall cause the applicant to be informed in writing of its decision regarding the review. 1997, c D‑4.1, s 21. 17 DENTAL DISCIPLINES c D-4.1 PROHIBITIONS Protection of titles 22(1) No person other than a dentist shall use the title “dentist” or “dental surgeon” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the College of Dental Surgeons of Saskatchewan. (2) No person other than a dental technician shall use the title “dental technician” or “dental technologist” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the Saskatchewan Dental Technicians Association. (3) No person other than a denturist shall use the title “denturist” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the Denturist Society of Saskatchewan. (4) No person other than a dental assistant shall use the title “dental assistant” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the Saskatchewan Dental Assistants Association. (5) No person other than a dental hygienist shall use the title “dental hygienist” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the Saskatchewan Dental Hygienists’ Association. (6) No person other than a dental therapist shall use the title “dental therapist” or “dental nurse” or any word, title or designation, abbreviated or otherwise, to imply that the person is a member of the Saskatchewan Dental Therapists Association. 1997, c D‑4.1, s 22. Authorized practices 23(1) A dentist is authorized, subject to the terms, conditions and limitations of that person’s licence: (a) to communicate a conclusion, identifying a disease, disorder or dysfunction of the oral‑facial complex as the cause of a person’s symptoms; (b) to perform a procedure on tissues of the oral‑facial complex below the dermis, below the surface of a mucous membrane or in or below the surfaces of the teeth, including the scaling of teeth; (c) to harvest tissue for the purpose of surgery on the oral‑facial complex; (d) to correct a fracture of a bone of the oral‑facial complex or correct a dislocation of a joint of the oral‑facial complex; (e) to administer a substance by injection or inhalation in the provision of dental treatment; (f) to prescribe or dispense drugs in the provision of dental treatment; (g) to fit or dispense a dental prosthesis, or an orthodontic appliance or a device used inside the mouth to protect teeth from abnormal functioning; and (h) to expose, process and mount dental radiographs in accordance with Part V of The Saskatchewan Employment Act. 18 c D-4.1 DENTAL DISCIPLINES (2) A dental technician is authorized, subject to the terms, conditions and limitations of that person’s licence: (a) to make, produce, reproduce, construct, furnish, supply, alter and repair a denture, bridge or prosthetic appliance, or thing to be used in, on, in connection with, or in the treatment of a human tooth, jaw or associated structure or tissue for a person in accordance with a prescription of a dentist to perform any of these services for the person, if the practices can be performed without intraoral procedures or the taking of impressions; (b) to make structural repairs to a removable dental prosthesis or replace teeth in a dental prosthesis, if these practices can be performed without intraoral procedures or the taking of impressions; and (c) to take shades for proper colour, including performing the necessary intraoral procedures. (3) A denturist is authorized, subject to the terms, conditions and limitations of that person’s licence, to make, repair, reline, alter, replace or furnish a removable dental prosthesis, and for that purpose carry out non‑surgical intraoral procedures, including the taking of impressions that are necessary to make, repair, reline, alter, replace or furnish a removable dental prosthesis. (4) A dental assistant is authorized, subject to the terms, conditions and limitations of that person’s licence, to assist and to perform intraoral assisting services that include: (a) the introduction and manipulation of dental materials and devices in the mouth; (b) orthodontic and restorative procedures consistent with an approved education program in dental assisting; and (c) the exposure, processing and mounting of dental radiographs in accordance with The Radiation Health and Safety Act, 1985. (5) A dental hygienist is authorized, subject to the terms, conditions and limitations of that person’s licence: (a) to communicate an assessment and treatment plan regarding periodontal health; (b) to perform supragingival and subgingival debridement; (c) to perform orthodontic and restorative procedures consistent with an approved education program in dental hygiene; (d) to administer local anaesthesia in the provision of dental treatment; and (e) to expose, process and mount dental radiographs in accordance with The Radiation Health and Safety Act, 1985. (6) A dental therapist is authorized, subject to the terms, conditions and limitations of that person’s licence: (a) to communicate a conclusion identifying dental caries or dental abscesses as the cause of a person’s symptoms; 19 DENTAL DISCIPLINES c D-4.1 (b) to perform a procedure in or below the surface of the teeth, conduct simple extractions of primary and permanent teeth and perform space maintenance on teeth; (c) to administer local anaesthesia in the provision of dental treatment; and (d) to expose, process and mount dental radiographs in accordance with The Radiation Health and Safety Act, 1985. 1997, c D‑4.1, s 23; 2013, c S‑15.1, s 10‑19. Prohibitions 24(1) No person shall perform an authorized practice unless: (a) the person is a member of an association whose members are authorized to perform the authorized practice and his or her licence does not prevent that member from performing that authorized practice; (b) the performance of the authorized practice has been delegated by a member mentioned in clause (a) to a person employed by that member, in accordance with the bylaws of his or her association; or (c) the authorized practice is carried out by a person who is authorized to perform those functions pursuant to the authority of any other Act. (2) The performance of an authorized practice is not a contravention of subsection (1) if it is done in the course of: (a) rendering first aid or temporary assistance in an emergency; or (b) fulfilling the requirements to become a member of an association and the practice is performed under the direction or supervision of a member of the association who is authorized to perform the authorized practice. 1997, c D‑4.1, s 24. Limitations on certain authorized practices 25(1) For the purposes of this section, “employer” means: (a) the Government of Saskatchewan; (b) the Government of Canada; (c) the provincial health authority or an affiliate as defined in The Provincial Health Authority Act; (d) Repealed. 2014, c 17, s 6. (e) a municipality; (f) an Indian band within the meaning of the Indian Act (Canada); (g) an operator of a personal care home within the meaning of The Personal Care Homes Act, a non-profit corporation or a co-operative, that is approved by the minister; (h) a board of education or the counseil scolaire within the meaning of The Education Act, 1995; (i) The University of Regina, the University of Saskatchewan, the Saskatchewan Indian Federated College and the Saskatchewan Polytechnic. 20 c D-4.1 DENTAL DISCIPLINES (2) A dental assistant may only perform the practices that he or she is authorized by subsection 23(4) to perform where he or she is employed by or practices under a contract with: (a) an employer that employs or has established a formal referral or consultation process with a dentist; or (b) a dentist. (3) A dental hygienist may only perform the practices that he or she is authorized by subsection 23(5) to perform where he or she is employed by or practises under contract with: (a) an employer that employs or has established a formal referral or consultation process with a dentist; or (b) a dentist. (4) A dental therapist may only perform the practices that he or she is authorized by subsection 23(6) to perform where he or she is employed by or practises under a contract with: (a) an employer that employs or has established a formal referral or consultation process with a dentist; or (b) a dentist. 1997, c D‑4.1, s 25; 2002, c R‑8.1, s 72; 2014, c 17, s 6; 2014, c S‑32.21, s 34; 2017, c P‑30.3, s 11‑1; 2019, c 25, s 9. DISCIPLINE Interpretation re discipline provisions 25.1 In sections 25.2 to 41, “member” includes a former member. 2010, c 20, s 22. Proceedings against former members 25.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member. (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 29(1), is requested by its council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2010, c 20, s 22. 21 DENTAL DISCIPLINES c D-4.1 Examination to assess whether curtailment of practice should be ordered 25.3(1) If the registrar or the professional conduct committee of an association has reasonable grounds to believe that a member may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the member’s ability to practise in the profession and causes the continued practice in the profession by the member to constitute a danger to the public, the registrar or professional conduct committee may: (a) direct the member to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or professional conduct committee; (b) request the person or facility conducting the examination of the member to report, with written reasons and within a time specified by the registrar or professional conduct committee, to: (i) the professional conduct committee; and (ii) the member; and (c) for the period necessary to allow the registrar or professional conduct committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the member’s licence; or (ii) suspend the member’s licence. (2) If the registrar or professional conduct committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or professional conduct committee must give the member an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the professional conduct committee receives a report pursuant to clause (1) (b) concluding that: (a) the continued practice of the member constitutes a danger to the public; and (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the professional conduct committee may: (c) impose limitations or conditions on the member’s licence; or (d) suspend the member’s licence; and the limitations, conditions or suspension apply until the member satisfies the professional conduct committee that it should act pursuant to clause (5)(a). (4) The professional conduct committee must not act pursuant to subsection (3) unless it has first given the member an opportunity to respond to the proposed limitations, conditions or suspension. 22 c D-4.1 DENTAL DISCIPLINES (5) If action has been taken pursuant to subsection (3) concerning a member, the professional conduct committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the member to resume practice if the professional conduct committee is satisfied, on the member’s application, that the member can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 29; (c) decide not to refer the complaint to a hearing before the discipline committee if the professional conduct committee is satisfied that: (i) the member’s condition mentioned in subsection (1) caused or substantially contributed to the member’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the professional conduct committee acts pursuant to subsection (5), the professional conduct committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A member aggrieved by a decision of the registrar or the professional conduct committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 38 to 40 apply, with any necessary modification, to the appeal. (8) Failure by a member to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the member pursuant to subsection (3) is professional misconduct within the meaning of this Act. 2023, c 6, s 3‑8 Professional incompetence 26 Professional incompetence is a question of fact, but the display by a member of a lack of knowledge, skill or judgment, or a disregard for the welfare of a member of the public served by the profession of a nature or to an extent that demonstrates that the member is unfit to: (a) continue in the practice of that member’s profession; or (b) provide one or more services ordinarily provided as a part of the practice of that member’s profession; is professional incompetence within the meaning of this Act. 1997, c D‑4.1, s 26. Professional misconduct 27 Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, is professional misconduct within the meaning of this Act if: (a) it is harmful to the best interests of the public or the members of the association; 23 DENTAL DISCIPLINES c D-4.1 (b) it tends to harm the standing of the member’s profession; (c) it is a breach of this Act or the bylaws of that member’s association; or (d) it is a failure to comply with an order of the professional conduct committee, discipline committee or council of that member’s association.

1997, c D‑4.1, s 27. Professional conduct committee 28(1) Each association shall establish a professional conduct committee consisting of at least three persons appointed by the council, the majority of whom are to be practising members of that association. (2) Discipline committee members are not eligible to serve on the professional conduct committee. (3) If a panel of the professional conduct committee of an association is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the professional conduct committee. 1997, c D‑4.1, s 28; 2023, c 6, s 3‑9. Investigation 29(1) If the professional conduct committee is requested by its council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall review and investigate the complaint. (2) In investigating the complaint, the professional conduct committee may take any steps authorized by section 30. (3) On completion of its investigation, the professional conduct committee may do one or more of the following: (a) make a written report to the discipline committee recommending that the discipline committee hear and determine the formal complaint set out in the written report; (b) make a written report to the discipline committee recommending that no further action be taken with respect to the matter under investigation; (c) refer the complaint to mediation, if the professional conduct committee decides that the complaint is of concern only to the complainant and the investigated member, both of whom agree to mediation; (d) require the investigated member to appear before the professional conduct committee, or a panel of the committee, to be cautioned; (e) require the investigated member to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the investigated member’s registration or licence; 24 c D-4.1 DENTAL DISCIPLINES (g) accept an undertaking from the investigated member that provides for one or more of the following: (i) assessment of the investigated member’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated member; (iii) monitoring or supervision of the investigated member’s practice; (iv) completion by the investigated member of a specified course of studies by way of remedial training; (v) placing conditions on the investigated member’s right to practise in the profession; (h) take any other action that the professional conduct committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. (4) The formal complaint set out in a written report made pursuant to clause (3) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (2). (5) A report signed by a majority of the professional conduct committee is the decision of that committee. (6) A copy of a written report made pursuant to clause (3)(b) recommending that no further action be taken shall be provided by the registrar to: (a) the council; (b) the complainant, if any; and (c) the member whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 3‑10. Investigative powers 30(1) The professional conduct committee may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, the professional conduct committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated member practises or has practised in the profession; (d) inspect, observe or audit the investigated member’s practice; and (e) examine any equipment, materials or any other thing used by the investigated member. 25 DENTAL DISCIPLINES c D-4.1 (3) For the purposes of an investigation, the professional conduct committee may: (a) require the investigated member to provide access to any computer system used in connection with the member’s practice in order to produce a record in readable form; (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the investigated member’s practice. (4) The professional conduct committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of the professional conduct committee; or (b) counsel acting for the professional conduct committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (7) If any book, record, document or thing is produced to the professional conduct committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the professional conduct committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the professional conduct committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the professional conduct committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. 26 c D-4.1 DENTAL DISCIPLINES (10) An application for an order pursuant to subsection (9) to enter a dwelling shall specifically indicate that the application relates to a dwelling. (11) An entry and search under an order made pursuant to subsection (9) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. (12) A person authorized by an order made pursuant to subsection (9) to conduct an entry and search may remove any book, record, document or thing examined by the person. (13) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (12), the professional conduct committee shall return the book, record, document or thing within a reasonable time. (14) A copy or extract of a book, record, document or thing certified to be a true copy by a member of the professional conduct committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (15) The professional conduct committee may delegate any aspect of its investigation pursuant to this section to an investigator. (16) An investigator who acts pursuant to the authority of a delegation has the authority and power of the professional conduct committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 3‑10. Suspension pending outcome of investigation 31(1) If the registrar or the discipline committee of an association believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation by the professional conduct committee, a member’s licence should be suspended or a member’s ability to practise in the profession should be limited or restricted, the registrar or the discipline committee may: (a) suspend the member’s licence; or (b) impose limitations or conditions on the member’s licence. (2) A member aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 38 to 40 apply, with any necessary modification, to the appeal. 2023, c 6, s 3‑10. Discipline committee 32(1) Each association shall establish a discipline committee consisting of at least three persons appointed by its council. (2) A majority of the discipline committee members are to be practising members. (3) One of the discipline committee members is to be one of the councillors appointed pursuant to subsection 9(1). 27 DENTAL DISCIPLINES c D-4.1 (4) Professional conduct committee members are not eligible to be discipline committee members. (5) Subject to this Act and the bylaws, the discipline committee may make rules regulating its business and proceedings. (6) If a panel of the discipline committee of an association is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the discipline committee. 1997, c D‑4.1, s 32; 2023, c 6, s 3‑11. Discipline hearing 33(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a formal complaint, the registrar shall, at least 14 days before the date the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute or direct the prosecution of the complaint, but professional conduct committee members shall not participate in any other manner in the hearing of the complaint except as witnesses when required. (3) The discipline committee shall hear the complaint and shall determine whether or not the member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee may employ, at the expense of the association, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing may be represented by counsel at the member’s own expense. (6) The testimony of witnesses is to be under oath or affirmation administered by the chairperson of the discipline committee. (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to present evidence in defence and reply. (8) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member whose conduct is the subject of a hearing pursuant to this Act; (b) a professional conduct committee member; (c) a discipline committee member. 28 c D-4.1 DENTAL DISCIPLINES (9) Where a writ issued pursuant to subsection (8) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (10) Where the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in the member’s absence. (11) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall notify the member of that fact. (12) If the discipline committee proposes to amend, add to or substitute the charge in the formal complaint, the discipline committee shall adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint, unless the member consents to continue the hearing. (13) The person, if any, who made the complaint pursuant to section 29: (a) is to be advised orally or in writing by the registrar of the date, time and place of the hearing; and (b) subject to subsection (15), is entitled to attend the hearing. (14) Subject to subsection (15), the discipline committee shall conduct all hearings in public. (15) The discipline committee may exclude members of the public and the person who made the complaint from any part of the hearing when the committee is of the opinion that evidence brought in the presence of the person or persons to be excluded will unduly violate the privacy of a person other than the member whose conduct is the subject of the hearing. 1997, c D‑4.1, s 33. Disciplinary powers 34(1) Where a discipline committee finds a member guilty of professional misconduct or professional incompetence, it may make one or more of the following orders: (a) an order that the member be expelled from the association and that the member’s name be struck from the register; (b) an order that the member be suspended from the association for a specified period; (c) an order that the member be suspended pending the satisfaction and completion of any conditions specified in the order; (d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain medical treatment, counselling or both; 29 DENTAL DISCIPLINES c D-4.1 (e) an order reprimanding the member; (f) any other order that the discipline committee considers just. (2) In addition to an order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the association within a fixed period: (i) a fine in a specified amount not exceeding $5,000; and (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and costs of legal services and witnesses; and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member be suspended from the association. (3) In addition to an order made pursuant to subsection (1), the discipline committee may order the member to provide restitution for the cost of a faulty dental prosthesis, periodontal or orthodontal dental appliance, in the case of: (a) a dental technician; (b) a dentist; or (c) a denturist. (4) The registrar shall send a copy of an order made pursuant to this section to the member whose conduct is the subject of the order and to the person, if any, who made the complaint. (5) Where a member is expelled or suspended, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. (6) Where a member is found guilty of professional misconduct or professional incompetence, the council may inform that member’s employer of the order made against the member. (7) If a member is suspended or expelled from an association, that member’s rights and privileges as a member are removed for the period during which the member is suspended or expelled. 1997, c D‑4.1, s 34. Criminal conviction 35 The discipline committee may, by order, impose any penalty described in section 34 that to it seems just where: (a) the member has been convicted of an offence pursuant to the Criminal Code, the Cannabis Act (Canada), the Controlled Drugs and Substances Act (Canada) or the Food and Drugs Act (Canada); (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); 30 c D-4.1 DENTAL DISCIPLINES (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction mentioned in clause (a) constitutes professional misconduct. 1997, c D‑4.1, s 35; 2018, c C‑2.111, s 7‑3. Criminal conduct 36 If, in the course of an investigation pursuant to this Act, the professional conduct committee of an association obtains information that leads to a reasonable belief that a member has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 3‑12. 37 Repealed. 2023, c 6, s 3‑13. Review by court 38(1) A member may appeal the decision or any order of the discipline committee to a judge of the court by serving the registrar with a notice of appeal and filing the notice with the local registrar within 30 days after the decision or order where: (a) the member has been found guilty of professional misconduct or professional incompetence by the discipline committee pursuant to section 33; or (b) the member is subject to an order of the discipline committee pursuant to section 34 or 35. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the registrar shall file with the local registrar a true copy of: (a) the formal complaint and notice served pursuant to section 33 or the report of the professional conduct committee pursuant to section 35; (b) the transcript of the evidence presented to the discipline committee; (c) the exhibits received in evidence by the discipline committee; and (d) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the registrar a copy of the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) On hearing an appeal the judge may: (a) dismiss the appeal; (b) quash the finding of guilt; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute the judge’s own decision for the decision appealed from. 31 DENTAL DISCIPLINES c D-4.1 (6) The judge may make any order as to costs that the judge considers appropriate, including an order as to which party shall bear the cost of the transcripts and other material filed with the local registrar pursuant to subsection (3). 1997, c D‑4.1, s 38. Effect of appeal 39 The commencement of an appeal pursuant to section 38 does not stay the effect of the decision or order appealed from, but on five days’ notice to the registrar, the appellant may apply to the court for a stay of the decision or order pending the disposition of the appeal. 1997, c D‑4.1, s 39. Court of Appeal 40 With leave of a judge of the Court of Appeal, an association or a member who brings an appeal pursuant to section 38 may appeal a decision of the court to the Court of Appeal on a question of law only. 2021, c 19, s 10. Reinstatement 41(1) A person who has been expelled as a member may apply to his or her former association’s council for reinstatement. (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On the completion of its investigation, the council may: (a) where is it satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a member on any terms and conditions that the council considers appropriate; or (b) by order, refuse to reinstate that person. (4) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a member, the person, within 30 days after the date of the order, may appeal the order of the council to a judge of the court and the judge may allow or disallow the appeal. (5) On an appeal pursuant to subsection (4), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the association; and (c) the evidence taken before the council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (6) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 1997, c D‑4.1, s 41. 32 c D-4.1 DENTAL DISCIPLINES GENERAL Exemption 42(1) Nothing in this Act prohibits a dental technician from carrying on business as a dental technician through and in the name of a corporation, where the corporation has a dental technician in charge of its operations. (2) Nothing in this Act prohibits a denturist from carrying on business as a denturist through and in the name of a corporation, where the corporation has a denturist in charge of its operations. 1997, c D‑4.1, s 42. Immunity 43 No action lies or shall be instituted against: (a) a council; (b) a councillor; (c) a professional conduct committee; (d) a discipline committee; (e) a committee member; or (f) an officer, employee or agent; of an association for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 1997, c D‑4.1, s 43. Offence and penalty 44 Every person who contravenes any provision of section 22 or 24 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $4,000; (b) for a second offence, not more than $8,000; and (c) for each subsequent offence, not more than $12,000 or to imprisonment for a term of not more than six months, or to both. 1997, c D‑4.1, s 44. Limitation of prosecution 45 No prosecution for a contravention of any provision of section 22 or 24 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council of the association to which the offence relates. 1997, c D‑4.1, s 45. 33 DENTAL DISCIPLINES c D-4.1 Report of termination of employment 46 Any employer who terminates for cause the employment of a member shall report the termination to the member’s association where the employer reasonably believes the cause is professional incompetence or professional misconduct. 1997, c D‑4.1, s 46. Review by Legislative Assembly 47(1) One copy of every bylaw and amendment filed with the Registrar of Corporations pursuant to section 16 or 17 is to be laid before the Legislative Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where any bylaw or amendment laid before the Legislative Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, that bylaw or amendment ceases to have any effect and is deemed to have been revoked. 1997, c D‑4.1, s 47; 2010, c B‑12, s 27; 2014, c.E‑13.1, s 62; 2021, c 6, s 23‑26; 2023, c 6, s 3‑14. Record of revocation and notification 48(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Legislative Assembly shall immediately: (a) forward two copies of the Votes and Proceedings to the Registrar of Corporations; and (b) advise the Registrar of Corporations that the copies are forwarded pursuant to this subsection. (2) On receipt of the copies mentioned in subsection (1), the Registrar of Corporations shall immediately: (a) file one of the copies with the bylaw or amendment to which it relates; (b) forward the other copy to the association; and (c) advise the association that the copy is forwarded pursuant to this subsection. 1997, c D‑4.1, s 48; 2010, c B‑12, s 27; 2021, c 6, s 23‑26. Annual register 49 On or before February 1 in each year, each association shall file with the Registrar of Corporations a list, certified by the registrar to be a true list, showing: (a) the names of all members as at December 31 in the preceding year; (b) the addresses of the members mentioned in clause (a) as shown by the records of the association; and (c) the respective dates of admission of the members mentioned in clause (a). 1997, c D‑4.1, s 49; 2010, c B‑12, s 27; 2021, c 6, s 23‑26. 34 c D-4.1 DENTAL DISCIPLINES Annual report 50 Each association shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 1997, c D‑4.1, s 50. Compliance 51 Every member shall comply with this Act and the bylaws of that member’s association. 1997, c D‑4.1, s 51. Service of notices, etc. 52(1) Unless otherwise provided for in this Act or the bylaws, any notice or other document that is required to be served pursuant to this Act may be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; or (b) registered mail addressed to the last business or residential address of the person to be served shown on the register. (2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. (3) If it is for any reason impractical to effect service of any documents in the manner provided for in subsection (1), the court may, on application that may be made ex parte, make an order for substituted service. (4) A document served in accordance with the terms of an order mentioned in subsection (3) is deemed to have been properly served. 1997, c D‑4.1, s 52. REPEAL, TRANSITIONAL AND COMING INTO FORCE SS 1978 (Supp.), c D-5.1, repealed 53(1) Sections 18 and 54 of The Dental Profession Act, 1978 are repealed. (2) Sections 43 and 44 of The Dental Profession Act, 1978 are repealed. (3) Sections 1 to 17, 19 to 42, 53 and 55 to 67 of The Dental Profession Act, 1978 are repealed. (4) Sections 45 and 47 to 52 of of The Dental Profession Act, 1978 are repealed. 1997, c D‑4.1, s 53; 2001, c 8, s 7. 35 DENTAL DISCIPLINES c D-4.1 RSS 1978, c D-6, repealed 54 The Dental Technicians Act is repealed. 1997, c D‑4.1, s 54. RSS 1978, c D-7, repealed 55 The Denturists Act is repealed. 1997, c D‑4.1, s 55. SS 1980-81, c D-6.1, repealed 56 The Dental Therapists Act is repealed. 1997, c D‑4.1, s 56. Transitional – College of Dental Surgeons of Saskatchewan 57(1) Except to the extent that the bylaws may be inconsistent with this Act, the bylaws of the College of Dental Surgeons of Saskatchewan in effect on the day before subsection 3(1) comes into force continue as the bylaws of the College of Dental Surgeons of Saskatchewan. (2) A person who is a member of the council of the College of Dental Surgeons of Saskatchewan on the day before subsection 3(1) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. (3) All licences issued or continued pursuant to The Dental Profession Act, 1978 that are not revoked or suspended on the day before subsection 3(1) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. (4) Notwithstanding subsection (1), but subject to subsections 60(2) and 61(2), bylaws made pursuant to sections 18 and 54 of The Dental Profession Act, 1978 continue in force until the day subsection 53(1) of this Act comes into force. 1997, c D‑4.1, s 57. Transitional – Dental Technicians Association of Saskatchewan 58(1) Except to the extent that the bylaws may be inconsistent with this Act, the bylaws in effect on the day before subsection 3(2) comes into force continue as the bylaws of the Dental Technicians Association of Saskatchewan. (2) A person who is a member of the board of the Dental Technicians Association of Saskatchewan on the day before subsection 3(2) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. 36 c D-4.1 DENTAL DISCIPLINES (3) All licences issued or continued pursuant to The Dental Technicians Act that are not revoked or suspended on the day before subsection 3(2) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c D‑4.1, s 58. Transitional – Denturists Society of Saskatchewan 59(1) Except to the extent that the bylaws may be inconsistent with this Act, the bylaws of the Denturists Society of Saskatchewan are in effect on the day before subsection 3(3) comes into force continue as the bylaws of the Denturists Society of Saskatchewan. (2) A person who is a member of the board of the Denturists Society of Saskatchewan on the day before subsection 3(3) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. (3) All licences issued or continued pursuant to The Denturists Act that are not revoked or suspended on the day before subsection 3(3) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c D‑4.1, s 59. Transitional – Saskatchewan Dental Assistants Association 60(1) A person who is a member of the board of directors of the Saskatchewan Dental Assistants Association on the day before subsection 3(4) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. (2) On the coming into force of subsection 3(4) of this Act and notwithstanding The Dental Profession Act, 1978: (a) the College of Dental Surgeons shall not exercise any of its powers pursuant to section 18 of The Dental Profession Act, 1978 with respect to dental assistants; and (b) section 54 of The Dental Profession Act, 1978 and any bylaws made pursuant to that section or section 18 no longer apply to dental assistants. (3) Notwithstanding subsection (2), if, on the date that this section comes into force, a complaint received by the College of Dental Surgeons pursuant to section 43 of The Dental Profession Act, 1978 with respect to a dental assistant has not been concluded: (a) that complaint is to be dealt with pursuant to sections 28 to 40 and 44 of The Dental Profession Act, 1978; and 37 DENTAL DISCIPLINES c D-4.1 (b) for the purpose of handling the complaint, The Dental Profession Act, 1978, as that Act existed on the day before subsection 3(4) of this Act comes into force, and any bylaws made pursuant to sections 18 and 54 of The Dental Profession Act, 1978 with respect to dental assistants, as those bylaws existed on the day before subsection 3(4) of this Act comes into force, continue to apply respecting the complaint until the complaint is concluded. (4) All dental assistant licences issued by the College of Dental Surgeons of Saskatchewan that are not revoked or suspended on the day before subsection 3(4) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c D‑4.1, s 60. Transitional – Saskatchewan Dental Hygienists’ Association 61(1) A person who is a member of the board of directors of the Saskatchewan Dental Hygienists’ Association on the day before subsection 3(5) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. (2) On the coming into force of subsection 3(5) and notwithstanding The Dental Profession Act, 1978: (a) the College of Dental Surgeons shall not exercise any of its powers pursuant to section 18 of The Dental Profession Act, 1978 with respect to dental hygienists; and (b) section 54 of The Dental Profession Act, 1978 and any bylaws made pursuant to that section or section 18 no longer apply to dental hygienists. (3) Notwithstanding subsection (2), if, on the date that this section comes into force, a complaint received by the College of Dental Surgeons pursuant to section 43 of The Dental Profession Act, 1978 with respect to a dental hygienist has not been concluded: (a) that complaint is to be dealt with pursuant to sections 28 to 40 and 44 of The Dental Profession Act, 1978; and (b) for the purpose of handling the complaint, The Dental Profession Act, 1978, as that Act existed on the day before subsection 3(5) of this Act comes into force, and any bylaws make pursuant to sections 18 and 54 of The Dental Profession Act, 1978 with respect to dental hygienists, as those bylaws existed on the day before subsection 3(5) of this Act comes into force, continue to apply respecting the complaint until the complaint is concluded. (4) All dental hygienist licences issued by the College of Dental Surgeons of Saskatchewan that are not revoked or suspended on the day before sub‑ section 3(5) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c D‑4.1, s 61. 38 c D-4.1 DENTAL DISCIPLINES Transitional – Saskatchewan Dental Therapists Association 62(1) Except to the extent that the bylaws may be inconsistent with this Act, the bylaws of the Dental Therapists Association that are in effect on the day before subsection 3(6) comes into force continue as the bylaws of the Dental Therapists Association. (2) A person who is a member of the council of the Saskatchewan Dental Therapists Association on the day before subsection 3(6) comes into force continues as a member of council until the earlier of: (a) the date councillors are elected to council pursuant to this Act; and (b) the date the person dies, resigns or otherwise ceases to be a councillor. (3) All licences issued pursuant to The Dental Therapists Act that are not revoked or suspended on the day before subsection 3(6) comes into force continue in force until the earlier of: (a) the date on which the licence expires; and (b) the date on which the licence is revoked or suspended pursuant to this Act. 1997, c D‑4.1, s 62; 2001, c 8, s 7. REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2024